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10 December 1998: Add Dan's postscript.
7 December 1998
From: Dan_Tebbutt@acp.com.au To: crypto@efa.org.au cc: gtaylor@efa.org.au, jya@pipeline.com Date: Mon, 7 Dec 1998 16:58:49 +1000 Subject: Wassenaar changes [OK to repost to crypto lists and Cryptome - dant] I spoke this afternoon with one of the Australian delegates at the Wassenaar meeting, an official from the Dept of Foreign Affairs and Trade (DFAT). Speaking off the record, they confirmed the changes at Wassenaar are pretty much as we know already: - NEW CONTROLS on mass market crypto products (hardware and software); - DEREGULATING all weak encryption products using key lengths up to 56 bits; - EXEMPTING mass market software where the key length is 64 bits or less; - EXTENDING the same mass market exemption to hardware for the first time; - EXCLUDING encryption products that protect intellectual property, such as digital watermarking; - NO DECISION was made about regulating 'intangible' distribution of technology, including Internet downloads. Apparently in the short term the intangibles issue is being considered in other fora (including the Nuclear Suppliers Group (NSG) which includes Australia thanks to Filthy Jabilucre et al). It is still not clear whether the new restrictions are intended to stop public domain software such as PGP*. The DFAT contact said there was no discussion about an intention to stop public domain packages like PGP. They did not think public domain was being restricted. Yet apparently the Australian DoD has expressed the David Aaron view that public domain is subject to the same restrictions as mass market. * PGP is "in the public domain" for the purposes of Wassenaar/DSGL, since the definition states: "in the public domain" (GTN NTN GSN), as it applies herein, means "technology" or "software" which has been made available without restrictions upon its further dissemination (copyright restrictions do not remove "technology" or "software" from being "in the public domain") Note: there is no equivalent definition for "mass market", but the General Software Note (GSN) states it thus: Generally available to the public by being: 1. Sold from stock at retail selling points, without restriction, by means of: a. Over-the-counter transactions; b. Mail order transactions; or c. Telephone order transactions; and 2. Designed for installation by the user without substantial support by the supplier; Dan ===== Dan Tebbutt, Technology Journalist, Melbourne Australia Australian Personal Computer (http://www.apcmag.com) LAN Corporate IT (http://www.lanlive.com) The Australian (http://www.newsit.com.au) Ph: +61-3-9347-8893 Fax:+61-2-9264-6320 Email: dant@acp.com.au "The revolution will be televised ... on pay-per-view."
Date: Thu, 10 Dec 1998 15:05:52 +1000 Subject: Public Domain and Wassenaar Apparently the Australian Dept of Defence spokesperson, speaking off the record, has conceded he was wrong and that Public Domain is *NOT* covered by the new changes. Small mercies. Dan